San Diego Domestic Violence Attorney
Prosecutors in San Diego County will always seek to hit you with the maximum penalties once they have decided to charge you with domestic violence. To make matters worse, domestic abuse allegations are often made by an angry spouse who exaggerates the facts to the police. While that spouse might later regret having called the police, there’s nothing the alleged victim can do if the prosecutor decides to press charges.
Fortunately, Ozols Law Firm understands this process through our years of experience with domestic violence cases in San Diego. We know how to spot the weaknesses in the prosecution’s case against you, and we know what is needed to minimize the damage. Call Ozols Law Firm to discuss your case and find out how we can help.
Fighting Your Domestic Violence Charges
Mr. Ozols will aggressively attack every part of the prosecutions domestic violence case.
- First, we review all police records to find any favorable facts.
- Second, we interview all witnesses to find any inconsistencies in their stories.
- Lastly, we will attempt to negotiate a favorable deal with the D.A., but rest assured that we will not accept an unfavorable plea.
In the event that a trial is necessary, you will have a skilled trial lawyer ready to challenge every aspect of the prosecutions case and fight to get you the “NOT GUILY” verdict you deserve. If you have been charged with spousal abuse, call us today for a free consultation.
Domestic Violence Laws in San Diego
Corporal Injury on a Spouse - Penal Code 273.5
California Penal Code section 273.5 makes it illegal to inflict corporal injury on a spouse or cohabitant if that injury results in a traumatic condition. This occurs when a person strikes or hits another person who is his or her intimate partner and it caused visible injury. Domestic violence allegations are taken very seriously in San Diego. Even if the injury is a slight, the alleged perpetrator will be taken into custody.
Penal code § 273.5 applies if the alleged victim was on or more of the following:
- The offender’s spouse or former spouse,
- The offender’s former cohabitant or current cohabitant
- The offender’s fiance or fiancee, or someone with whom the offender has, or previously had, an engagement or dating relationship, as defined in paragraph (10) of subdivision (f) of Section 243.
- The mother or father of the offender’s child.
Domestic Battery – Penal Code 243(e)(1)
Penal Code 243(e)(1) is one of the most common battery charges in San Diego. Domestic battery is a misdemeanor when one inflicts force on their intimate partner. Unlike corporal injury (see above), this offense does not need to have a visible injury and is often taken on the statements of one of the parties.
With this weakness of evidence, these types of cases are easily defendable. It often either turns into a “he said/she said,” or just a trial where the intimate partner who made the complaint does not want to testify.
Often individuals are fearful of the idea of trial and don’t understand that the D.A.’s office generally doesn’t have the best case. No matter what they say, beyond a reasonable doubt is a very high burden to meet when there is just an officer testifying about statements from the alleged victim.
Domestic Violence and Criminal Threats
Criminal threats under California Penal Code Section 422 is another possible charge that can be linked to a domestic violence situation. To be charged with criminal threats one would have had to:
- Threatened someone either (1) verbally, (2) in writing, or (3) by means of electronic communication device, and
- That person would reasonably have to be in fear, and
- It would have to be a threat that could actually be carried out, regardless if the person making the threat intended to carry it out.
This can be charged as a misdemeanor or a felony. As a felony it is seen as a “strike” under the California three strikes laws. In short, the three strikes laws means that if you are convicted of three of these offenses you will have to spend life in prison as a mandatory sentence. If you are being charged with making felony criminal threats, call us immediately to discuss your best legal options.
Criminal Protective Orders in Domestic Violence Cases
Most people have heard of a restraining order or a temporary restraining order (“TRO”). A TRO is actually a civil case where it is filed and adjudicated in civil court. This is something that one party files in order to have the other party stay away from them. For more information on criminal protective orders, click here.
Hire a Top Domestic Violence Lawyer to Represent You
If you or a loved one has been charged with domestic violence, call San Diego Domestic Violence Attorney Alex Ozols today at 619.288.8357 or fill out our free case evaluation form to see how we can assist you during this difficult time. We look forward to meeting with you to discuss your criminal defense needs.